Immediately and immediately after the issuance of this decision in the hearing (of 0107.25), counsel for the defendant requested that this panel disqualify itself. The accuser objected. The court ruled that the decision regarding the disqualification of a judge would be sent to the parties. A short time later, and before the day of hearings ended, the parties returned to the courtroom and counsel for the defendant requested to withdraw the request for disqualification of a judge.
The Undisputed Facts
There is no dispute, because the defendant and the driver involved were driving at the time and place.
There is no disputeregarding the driving directions of the defendant and the driver involved.
There is no dispute, because at the time of the accident there was a wet road.
There is no dispute, that the driver involved overtook a vehicle that was driving in front of her, in which the eyewitnesses were present.
There is no dispute, because the accident occurred after the end of the curve and on a straight road section.
There is no dispute, that there was a road accident between the defendant's car and the vehicle of the driver involved, and as a result of which the death of the deceased was caused, as well as real injuries to the woman involved, the passenger in her car and the defendant.
The Controversial Questions:
Did the defendant swerve several times with his car prior to the accident?, as appears from the testimony of eyewitnesses to the accident.
Is there a field of vision? - For those involved to see the vehicle in the opposite lane and whether there is a field of vision for the eyewitness Ayalon Zadok.
Place of the accidentIn the lane of the driver involved or in the lane of the defendant's travel?
How did the accident occur, whether as a result of the driver involved swerving into the defendant's lane of travel or as a result of The defendant's deviation into the driving lane of the mixed driver.
Airbag PC Issue (CDR & EDR).
The Prosecution Case
On behalf of the prosecution, 10 witnesses testified.